3 - Global application of human rights norms

Summary

In this chapter we examine more closely the evolving process for applying universal human rights standards on a global basis. We inquire whether there is now more commitment to liberalism, as shown through institutionalized procedures to protect human rights.

International law has traditionally been clearer about “What?” than “Who?” The law has emphasized what legal rules apply in different situations. It has frequently not explicitly addressed who is authorized to make authoritative judgments about legal compliance. By default this means that states remain judge and jury in conflicts involving themselves – a principle accepted by no well-ordered society. Certainly the global law on human rights and humanitarian affairs has traditionally been characterized by decentralized decision making leading to much ambiguity about compliance. As this author concluded some time ago, “Most states, in negotiating human rights agreements, do not want authoritative international means of protection.” Many states have asserted an apparently liberal commitment to internationally recognized human rights. But states have often elevated national independence, particularly the supremacy of national policy making, over the realization of universal human rights. States have wanted to retain the authority to delay or opt out of human rights commitments, for whatever reason.